The petitioner herein is the sole accused in C.C.No. 1947/2014 of the Judicial First Class Magistrate Court-I, Hosdurg. It is a prosecution initiated by the Sub Inspector of Police, Hosdurg by way of a complaint under Section 21 of The Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'the MMDR Act'). Annexure A2 is the complaint brought by the Sub Inspector. Pending the proceedings, the petitioner compounded the offence as permitted by the competent authority and remitted a penalty of Rs.20,000/-. Annexure A3 is the copy of the said order of the Sub Collector, Kasaragod. Petitioner's grievance is that in spite of composition under Section 23A of the MMDR Act, the prosecution against him continues, and the Sub Inspector has not withdrawn the complaint. 2. Section 23A of the MMDR Act provides that, any offence punishable under the Act or any Rule made thereunder may, either before or after the institution of the prosecution, be Crl.M.C.. No. 6457/2014 2 compounded by the person authorised under Section 22 to make a complaint to the court with respect to that offence, on payment to that person, for credit to the Government, of such sum as that person may specify. Sub Section (2) provides that when an offence is compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith. Here, the offence is compounded under Section 23A of the MMDR Act, and the vehicle was also released to the petitioner by the Sub Collector, Kasaragod. In view of Section 23A(2) of the MMDR Act, the Annexure A2 complaint brought by the Sub Inspector against the petitioner will have to be quashed. Such a prosecution cannot proceed now, when law specifically provides that once the offence is compounded, no proceeding or further proceeding shall be taken against the offender in respect of the offence compounded.
In the result, this Crl.M.C. is allowed. Annexure A2 complaint and the further proceedings therein before the learned Crl.M.C.. No. 6457/2014 3 Judicial First Class Magistrate Court-I, Hosdurg, as against the petitioner herein (C.C.No. 1947/2014) will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE